In a significant legal development, the Court of Appeal in Lagos division has overturned the election of Babajide Owodunni from the Peoples Democratic Party (PDP) as the representative for Ikenne constituency in the Ogun State House of Assembly.
The court of Appeal, in the case with suit number CA/1B/EP/SHA/OG/23/2023 titled Hon Olakunle Sobukanla & Anor v. INEC & 2 Ors, declared Kunle Sobukola of the All Progressives Congress (APC) as the rightful winner of the March 18 State Assembly election in Ikenne state constituency.
This legal decision mandates the Independent National Electoral Commission (INEC) to issue Sobukola a Certificate of Return, officially recognizing him as the elected member representing Ikenne State Constituency in the State House of Assembly.
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The controversy arose when, despite Babajide Owodunni’s resignation from the PDP and withdrawal from the election, INEC declared him the winner.
Owodunni had officially resigned 12 days before the election, submitting letters to both the PDP and INEC. He even swore an affidavit of voluntary withdrawal in the Ogun State High Court.
Despite these actions, PDP attempted to replace Owodunni, but INEC refused the substitution, retaining Owodunni as the official candidate and issuing him a certificate of return.
During the tribunal proceedings with Court of Appeal, Owodunni claimed he was kidnapped and forced to sign withdrawal letters and an affidavit. However, Sobukanla and the APC presented compelling evidence, including a video where Owodunni publicly declared his support for the APC, undermining his claim of duress.
Court of Appeal Tribunal Rejects Owodunni Claims Of Signing Documents Under Duress
The Tribunal rejected Owodunni’s duress claim but refrained from voiding his return by INEC, citing a technicality related to the timing of withdrawal.
In the appeal, APC and Sobukanla argued that a withdrawal is complete once communicated to the party, irrespective of the 90-day deadline stipulated in the Electoral Act for a party to replace a withdrawn candidate.
They referenced legal precedents and persuaded the Court of Appeal, comprised of Hon Justice Theresa Ngolika Orji-Abadua, Hon. Justice Mohammed Baba Idris, and Hon. Justice Hadiza Rabiu Shagari, to uphold their position.
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As a result, the appellate court upheld Owodunni’s withdrawal while setting aside his declaration and return by INEC, ultimately declaring Kunle Sobukola as the legitimate winner of the Ikenne State Constituency election.
This decision marks a significant legal precedent regarding the timing and validity of candidate withdrawals in electoral processes.
